Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

3,124 questions in this forum

1. ptsd Not Sure What To Do

   I was honorably discharged from the USMC last year on April 7th and filed a claim for disability in May of 2008 for: Left shoulder instability(had 8 anchors put in while AD to keep from dislocating, right shoulder instability(subluxates), pain in upper/lower back, flat feet(went in with full arches came out with none), and tinnitus. Everything was goin good for a bit but eventually I got extremely depressed and started drinking constantly so when my C&P exam came up, I didn't show(stupid!). In September 2008 I got a letter from the VA stating that they denied my claims due obviously to my absence at the exam. In the letter it also says that each one of my claimed c…

   Asked by usmcthysin, March 10, 2009

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   16 answers
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3. Nod Soc Nearly Here

   Ooooh; my IU SOC is being finalized. The claim folder returned from another Varo, hoping its in my favor. I need IU, I am unemployable, haven't worked, can't work in my career field again, ever. Some military jobs just don't transfer into civilianise. May be in print too. For now, I recieve SSDI for my most serious sc condition of 60%. Sure hope I crossed all the 't's and dotted the 'i's! I'm calm, I'm calm...... cg'up2009!

   Asked by cowgirl, May 7, 2009

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   1 answer
4. Need Help

   In 1989 or 1990 I applied for comensation for pain in my neck, knees and ankles. The claim was denied because "nothing in my medical record supported the claim". I did not receiv a exal/exam xrays nothing. Last year I had to have surgery for worsening pain to my left ankle that caused a limp. The doctor thought she was just going to "clean out the joint". However she found and repaired a 10mm tear. Now keep in mind that I was in the 82nd airborne and made several jumps , the only thing in my medical record is complaints of sprained/twisted ankle. Can I now after 20 years re-open the claim wioth the new findings? Respectfully, Michael

   Asked by *Bergie*, April 27, 2009

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   8 answers
5. Decision Review Officer

   I've been service connected since '96 and as some of us know that with every decision letter that the va returns to us, they state that a higher evaluation is warranted if certain evidence is present. Based on the VA's own criteria for higher evaluation because I have these issues present, I am now in a appeals process and have been offered to elect an decision review officer or continue the traditional process. I have been advised by a veteran help organization to elect the DRO, but was looking for more advice. Can anyone offer any insight? thanks and thank you for serving

   Asked by bootstrap1, March 29, 2009

   0 votes
   10 answers
6. Cavc

   I currently have a 30% rating and my claim for 100% is now at CAVC. I do have a well known attorney that reviewed by BVA denial, thinks I have a case and will represent me before CAVC. But I am concerned about how this process will go. It looks like the attorney's goal is to get it remanded (It was remanded by a law judge already during the BVA process) back to BVA. They then get paid but I don't know what that would do for me. Can someone help me with this? I have been represented by Disabled American Veterans but feel like they just go through the motions and don't really fight for people

   Asked by deanbrt, April 8, 2009

   0 votes
   6 answers
7. **just Is Not Right!**

   So here I sit another night of scouring thru all the great Hadit.com forums and posts as I have done so many times. Figured it was time to put my situation out here and see what if anyone had any insite. Summary: Discharged in from Active Duty in April 98 and filed claims on everything accordingly and recieved a 10% for TBI (Multiple concusions w/ continued headaches) & a 0% rating for a skin condition I got (Not sure of the technical term). Never thought much about it at the time being I was younger and was happy with the $100 a month income. Fast forward to 2005 to current. So as time rolls on things get worse with the TBI (irratiablitlty, anger etc.) &…

   Asked by perfection, April 21, 2009

   0 votes
   5 answers
8. Time Frame For Predetermination Hearing

   Hi Folks , Iwas hoping someone could give me an idea on how long a predetermination hearing should take and is there some kinda of rule they must follow as to when a meeting with a DRO should be set up . It has been 9 months since my dav rep put in for a meeting at the local Varo. This is regarding the VA proposing to reduce my iu/pt status From 60% and 40% iu back to my rating of 50% awarded to me in 4/76. In 4/02 I applied for an increase because my bilateral shoulder cond. worsened and when I recieved my answer it was additional 10% for DJD and awarded me iu/pt 60%/40% . I never applied for iu/pt but because my cond. made me unemployable They made it pt. Well back i…

   Asked by winger, April 3, 2009

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   0 answers
9. Dro Process And Timeline

   Ok thanks. Do you reccommend any legal representation? What kind of a time-line am I looking at before I submit my decision to elect the DRO the va, before any meeting(s) with them? Also all of my medical records are with the va, do you reccomend I consult outside physicians for their opinions? And I know this wont happen but still even after 13 years of service connected rating, I still have negative thoughts of one day sitting down with, or receiving word of reducing my rating based on one guys opinion or personal judgement. I don't figure at this point that would ever be the case because I've gone through multiple c and p appointments with numerous increases through th…

   Asked by bootstrap1, April 1, 2009

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   0 answers
10. Bva Traveling Board

    I have a bva traveling board scheduled for nov 18 2008. My question is will this board render a desission or remand or denial or does it go to someone else in the bva to be decided? Also do they render a decision quick or does it take years? I been at it now for 5 years. Thanks!

    Asked by les, October 26, 2008

    0 votes
    8 answers
11. Very Confused About Appeals Granted & No Money Yet

    I was granted by the bva for limited motion 20% and for tinitus on Jan 21. 2009. The bva also remanded hearing loss to the amc and I was told that my awards are still at the amc. Can anyone tell me why they are holding up my awards? I call the amc and I get different answers of coarse. I applied for hardship and was told that it is noted and would be finished as soon as possible. After 5 years waiting to get a award it's a bit hard waiting for the back pay to come. I am going on a deep sea charter this week at Hatteras Nc. I'm sure this will help my anxiety a lot. Thanks for reading! Les

    Asked by les, March 31, 2009

    0 votes
    5 answers
12. Mercy Killing

    I went looking for a cardiologist to do an IMO for me as i have less than three weeks to submit new evidence before dead line before the board makes it's final ruling.While on my journey to find a doctor i thought i found a lawyer that was willing to help me.I sent him all of my medical records and he basically said that my claim would be exceedingly hard to prove.I will post the email that he sent to me.It was not encouraging to say the least.My claim is suppose to be heading back to the RO for an exam that was not given which had been ordered by admin law judge in a remand.The AMC said that the ratings officer was wrong to rate my claim again with out giving the exam.I …

    Asked by popolop, March 30, 2009

    0 votes
    3 answers
13. Re-opening Claims With Nod

    Hello Friends, I filed a claim in 2002 that was denied. I didn't file a NOD -- but I filed the same claim again in 2005, and it was denied. I filed the same claim in 2008 and it was approved. The first time it was denied in 2002 was due to: "records completely silent". --I gathered more evidence and filed the claim again.--The VA scheduled an outside doctor to examine me, and she said that my claim was service connected. The second time (2005) I was denied was due to: "getting the disability while on TDRL and not while on active duty" --I went through my records and found a copy of my old appt. lists while I was on active duty, that shows all of my mental health app…

    Asked by DC1775, March 27, 2009

    0 votes
    0 answers